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Railroad Injuries Compensation The Federal Employers Liability (FELA) can protect railroad workers. A successful FELA claim can be used to pay for medical treatment loss of wages, pain and suffering. Injuries to railroad workers are frequent, and can have long-lasting effects on your body. They can also have a serious impact on your financial and personal life. FELA You could be qualified for financial compensation under the Federal Employers Liability Act (FELA) if you are an employee or surviving relative of a railroad corporation who has been injured on the job. You may be eligible for compensation for the past or future emotional or physical anxiety, or loss of companionship. To be able to bring a claim under FELA you must establish that the employer was negligent in causing your injuries. This is less than what you'd need to meet in a typical personal injury claim. It is often called a “featherweight” burden of proof. Railroad companies are required by FELA to ensure that their employees are safe in all situations and at all times. They must also adhere to the safety standards set by state and federal laws. In the event that you've been injured on the job and believe that your injuries were caused by railroad's negligence, you must seek medical attention as soon as possible. This is crucial because the earlier your injuries are evaluated and treated, the less serious they can be. After you've received the treatment you require, talk to an experienced FELA attorney to help you navigate the process. Legal counsel can help you get the amount you need to be compensated and increase the chances of winning a lawsuit against the railroad company. Another reason to choose counsel is the fact that there are deadlines for filing an action under FELA. The majority of claims cannot be filed within three years of the date of injury. It is crucial to talk to an experienced FELA attorney if you or someone you know is injured at work. They can help you navigate the legal process, explain your rights, and determine whether you are in the right position. FELA is a federal law that covers railroad employees and anyone who works on the railroad's property. It provides a higher level than traditional workers pay for railroad employees and is designed to help railroad companies in making their workplaces more secure. Occupational Safety and Health Administration The Occupational Safety and Health Administration (OSHA) is a federal agency that was established by Congress in 1970 with the purpose of reducing work-related injuries and illnesses. Its goal is to safeguard workers' right to work in a safe environment in the workplace, through training, outreach and education. OSHA is a regulatory agency, which means that it depends on the compliance of employers to enforce its regulations. Employers who break OSHA rules can be punished or fines. OSHA inspects industrial facilities across the United States, in addition to enforce OSHA standards. Inspections are conducted in response to serious workplace accidents or multiple hospitalizations of workers, worker complaints, referrals, in addition to other issues that could compromise the safety of employees. OSHA can issue citations or warnings based on the location of an industrial facility to companies that are not adhering to the guidelines and regulations it has formulated. OSHA offers grants to employers to cover expenses such as safety equipment and training. OSHA works together with employers, labor unions and other stakeholders in the development of standards and requirements that apply to specific workplace environments. These standards and requirements are based on research conducted in the workplace, with input from technical experts. These guidelines and standards must be adhered to by all employers in order to reduce or eliminate the risk of workplace hazards and to prevent workplace injuries and illnesses. Employers must also instruct their employees to recognize and report hazardous situations, and to prevent accidents. OSHA regulates all private sector employers and their employees. It applies its standards to numerous industries. However, it doesn't regulate employees who are self-employed and those who are employed by family members that do not have jobs outside of their home. Railroad workers are more vulnerable to injury and illness than other workers in the United States. Their fatality rate is twice the rate of other workers. Because their jobs require workers to work for long hours and engage in strenuous activities and require physical exertion, this is why they are so vulnerable. Despite Accident Injury Lawyers that have reduced the number of workplace deaths however, railroad injuries remain an extremely risk to workers' lives. Railway Workers' Compensation Act (RWP). The Railway Workers' Compensation Act (RWPA) allows railroad employees the option of receiving compensation for any work-related injuries and illnesses that they sustain. It applies to all railroad employees, not just those who work on the premises of their company or for interstate companies. The law permits injured or fatally injured workers to recover damages for their physical, mental and emotional pain and suffering as well as for other non-economic losses. This includes lost wages, medical expenses as well as rehabilitation and retraining. Also, it covers intangibles like mental anxiety or reduced quality of life. The primary difference between workers' compensation and the FELA is that injured workers must prove that their employer was the cause of the accident. Workers' comp benefits are not available automatically to them. This is important since in certain instances, injured workers might not have enough evidence to establish that their employers negligence caused the injury, and therefore can't receive any benefits under the workers' compensation system. Another difference between FELA & workers' comp is that FELA cases are typically decided by juries , whereas workers compensation cases are usually resolved through an agreement. This is because FELA is an act of strict liability which means that the injured worker must demonstrate that the negligence of their employer was the sole reason for the accident. These cases can be complex and difficult, which is why it is recommended to work with an experienced attorney who is familiar with these kinds of cases. If you or someone close to you has been injured while working in the railroad industry, it's important to consult an attorney immediately to learn your rights and ensure they are protected. In the aftermath of the fatal Norfolk Southern train derailment in December 2017 Congress has proposed a bill to restrict freight trains that carry dangerous materials. Railroads are required to develop emergency response plans and notify state emergency commissions if a train is carrying hazardous material. It will also increase the maximum amount of penalty that railroads could be subject to for safety violations, from $225,000 to 1 percent of its annual operating earnings. Statute of Limitations The Federal Employers Liability Act (FELA) gives railroad employees with the legal right to seek compensation for injuries and illnesses caused by the negligence of their employer. FELA is not worker's comp. Instead of state workers' compensation laws, railroad employees must prove that the railroad acted negligently or recklessly and caused their injury. Railroad claims are subject to a 3-year statute of limitations beginning from the date of injury. Failure to make a claim within the timeframe will result in the denial of your claim and you will not be able to receive any compensation for your injuries. Railroad accidents and illnesses can develop over a period of time. Cancers that result from exposure to toxic chemicals such as asbestos or diesel fumes, as well as creosote for instance, do not manifest until several decades after the railroad worker was exposed. This latency period is the reason why the statute of limitations does not apply to these situations. This could be, for example that an employee was diagnosed with a lung cancer in the year 2015 (outside the statute) but was recently given the diagnosis of acute myeloid leukemia. Additionally, the time limit for occupational diseases doesn't begin until a railroad worker is diagnosed with an occupational illness and it is apparent that negligence of the railroad contributed to the formation of the disease. This rule applies to lung cancer, lung fibrosis, and other asbestos-related diseases. Railroad workers are essential because the Statute of Limitations ensures that they can receive compensation for their injuries if they are sued for negligence. It also ensures that evidence is not lost over time. This is an important reason why railroads must inform their injured employees of any injuries that could occur within a set period of time after the injury occurs.